20-336. Commission; hearings; hearing officer; appearance; discovery; discontinuance of proceedings; when.
(1) If an election is not made under section 20-335 with respect to a charge issued under section 20-333, the commission shall provide an opportunity for a hearing on the record with respect to the charge. The commission shall delegate the conduct of a hearing under this section to a hearing officer. The hearing officer shall meet the qualifications of a judge of the district court prescribed in section 24-301 or any successor statute. The hearing officer shall be appointed by the commission pursuant to rules and regulations promulgated by the commission. The hearing officer shall conduct the hearing at a place in the vicinity of the place where the discriminatory housing practice is alleged to have occurred or to be about to occur.
(2) At the hearing each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under section 20-334. Any aggrieved person may intervene as a party in the proceeding. The rules of evidence shall apply to the presentation of evidence in such hearing as they would in a civil action in district court.
(3)(a) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible consistent with the need of all parties to obtain relevant evidence.
(b) A hearing under this section shall be conducted as expeditiously and inexpensively as possible consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
(4) Any resolution of a charge before issuance of a final order under section 20-337 shall require the consent of the aggrieved person on whose behalf the charge is issued.
(5) A hearing officer may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the filing of a civil action by the aggrieved party under state or federal law seeking relief with respect to that discriminatory housing practice.
Source
Structure Nebraska Revised Statutes
20-105 - Transferred to section 20-302.
20-106 - Transferred to section 20-310.
20-107 - Transferred to section 20-318.
20-109 - Transferred to section 20-321.
20-110 - Transferred to section 20-322.
20-112 - Transferred to section 20-324.
20-113.01 - Legislative findings.
20-121 - Transferred to section 20-344.
20-122 - Transferred to section 20-132.
20-123 - Intent, purpose, public policy; freedom of speech.
20-124 - Interference; restraint of freedoms; penalty.
20-125 - Transferred to section 20-301.
20-126.01 - Disability, defined.
20-128 - Pedestrian using cane or service animal; driver of vehicle; duties; violation; damages.
20-129 - Denying or interfering with admittance to public facilities; penalty.
20-130 - White Cane Safety Day; proclamation; Governor issue.
20-131 - Employment by state and political subdivisions; policy.
20-131.01 - Full and equal enjoyment of housing accommodations; statement of policy.
20-131.02 - Housing accommodations; terms, defined.
20-131.03 - Housing accommodations; modification; not required.
20-131.04 - Service animal; access to housing accommodations; terms and conditions.
20-132 - Full and equal enjoyment of accommodations.
20-133 - Places of public accommodation, defined.
20-134 - Discriminatory practices; violation; penalty.
20-135 - Prohibited acts; violation; penalty.
20-136 - Retaliation; discrimination; violation; penalty.
20-137 - Religious preference; not violation of discriminatory practice.
20-138 - Private club or establishment not open to public; applicability of sections.
20-142 - Appeal; procedure; attorney's fees; failure to appeal; effect.
20-144 - Finding by Legislature.
20-148 - Deprivation of constitutional and statutory rights, privileges, or immunities; redress.
20-149 - Consumer reporting agency; furnish information; duty; violation; penalty.
20-152 - Deaf or hard of hearing person; arrest; right to interpreter; use of statements.
20-153 - Proceedings; interpreter provided; when.
20-154 - Appointment of additional interpreters.
20-155 - Proof of hearing impairment.
20-155.01 - Interpreter; oath required.
20-157 - Transferred to section 20-155.01.
20-158 - Interpreter; privilege applicable.
20-163 - Person with developmental disabilities; access to records; conditions.
20-164 - Mentally ill individual; access to records; conditions.
20-165 - Records; redisclosure; conditions.
20-166 - Protection and advocacy system; pursuit of administrative remedies; when required.
20-167 - Discrimination; legislative intent; state agencies; duties.
20-169 - Individual; threat to health or safety; unable to perform duties; effect.
20-201 - Right of privacy; legislative intent.
20-203 - Invasion of privacy; trespass or intrude upon a person's solitude.
20-204 - Invasion of privacy; place person before public in false light.
20-205 - Publication or intrusion; not actionable; when.
20-206 - Right of privacy; defenses and privileges.
20-207 - Invasion of privacy; action; nonassignable.
20-208 - Invasion of privacy; death of subject; effect.
20-209 - Libel, slander, or invasion of privacy; one cause of action.
20-210 - Judgment; bar against other actions.
20-211 - Invasion of privacy; statute of limitations.
20-302 - Civil rights; policy of state.
20-303 - Definitions, where found.
20-304 - Aggrieved person, defined.
20-306 - Complainant, defined.
20-307 - Conciliation, defined.
20-308 - Conciliation agreement, defined.
20-308.01 - Disability, defined.
20-309 - Discriminatory housing practice, defined.
20-311 - Familial status, defined.
20-313 - Transferred to section 20-308.01.
20-317 - Restrictive covenant, defined.
20-318 - Unlawful acts enumerated.
20-320 - Transaction related to residential real estate; discriminatory practices prohibited.
20-323 - Affirmative action required; cooperation with commission.
20-326 - Discriminatory housing practice; complaint; procedure; investigation.
20-327 - Complaint; conciliation; conciliation agreement; effect.
20-328 - Final investigative report; contents; amendment.
20-329 - Conciliation agreement; breach; civil action authorized.
20-330 - Conciliation proceedings; investigations; restrictions on use of information.
20-331 - Temporary or preliminary relief; other proceedings; actions authorized.
20-332 - Complaint; referral to local agency; procedure; certification of local agency.
20-334 - Commission; subpoenas; discovery orders; violations; penalty.
20-335 - Civil action in lieu of hearing; election authorized.
20-337 - Hearing officer; powers and duties; civil penalties; order; effect.
20-338 - Finding, conclusion, or order; review; final order; service.
20-339 - Appeal; enforcement of hearing officer's order; procedure.
20-340 - Civil action in lieu of hearing; relief authorized.
20-341 - Attorney's fees and costs; when allowed.
20-404 - Declaration relating to use of life-sustaining treatment.
20-405 - When declaration operative.
20-406 - Revocation of declaration.
20-407 - Recording determination of terminal condition and declaration.
20-408 - Treatment of qualified patients.
20-409 - Transfer of patients.
20-412 - Miscellaneous provisions.
20-413 - When health care provider may presume validity of declaration.
20-414 - Recognition of declaration executed in another state.
20-415 - Effect of previous declaration.
20-416 - Uniformity of application and construction.
20-501 - Racial profiling; legislative intent.
20-502 - Racial profiling prohibited.
20-506 - Racial Profiling Advisory Committee; created; members; duties.